Part 5 — Capital Structure Division 1 Membership Capital
137 Patronage returns
members, as a patronage return, all or a part of the surplus in a
financial year in proportion to the business done by the members
with or through the cooperative in that financial year calculated in
the manner described in subsection (3) at a rate set by the directors
or, where the bylaws provide, at a rate set by the members.
(2) Where the bylaws provide that the members may set the rate
under subsection (1), the members may set the rate by an ordinary
resolution.
(3) For the purpose of subsection (1), the directors may calculate
the amount of the business done by each member with or through a
cooperative in a financial year by taking into account
(a) the quantity, quality, kind and value of things bought, so ld,
handled, marketed or dealt in by the cooperative,
(b) the services rendered
(i) by the cooperative on beh alf of or to the member, and
(ii) by the member on behalf of or to the cooperative,
a n d
(c) differences that are, in the opinion of the directors,
appropriate for different classes, grades or qualities of things
and services.
(4) The bylaws may provide that a cooperative may allocate
among and credit or pay to persons who use the services of the
cooperative but who are not members a share of any surplus at a
rate that is equal to or less than the rate at which the surplus is
distributed to members.
(5) If a cooperative allocates among and credits or pays a share of
any surplus to persons referred to in subsection (4), the directors
must calculate the business done by the non-member patrons in the
manner described in subsection (3).